Wells v. American Express Co.
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for JRaoine County. This cause was here on two former appeals, and is last reported in 44 Wis., 342. This appeal is by the defendant from an order of the circuit court allowing an amendment of the complaint and relieving the plaintiff from a stipulation. The complaint had already been twice amended.
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APPEAL from tlie Circuit Court for JRaoine County. This cause was here on two former appeals, and is last reported in 44 Wis., 342. This appeal is by the defendant from an order of the circuit court allowing an amendment of the complaint and relieving the plaintiff from a stipulation. The complaint had already been twice amended. The second amended complaint alleged, that on or about September 6, 1864, plaintiff was the owner of eight wagons, which he contracted to sell to one Downs in Iowa for $800: that plaintiff shipped the wagons by the C. & M. R. R. to Downs in care of the defendant’s…
1Opinion of the CourtCole, J.
Notwithstanding the able and ingenious argument of defendant’s counsel, we fail to see any abuse of discretion on the part of the circuit court in allowing the amendment to the complaint. This amendment was, doubtless, asked for in order to obviate any objection of variance which might be taken if the evidence on another trial should be the- same as on the former one. The court has ample power to allow a pleading to be amended in furtherance of justice by inserting allegations material to the case, when the amendment does not change substantially the claim or defense (R. S., sec. 2830); and…
2Cases cited2 opinions
- Grannis v. HookerWisconsin Supreme Court · 1871
- Felt v. AmidonWisconsin Supreme Court · 1879
3Cited by15 opinions
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Meinshausen v. A. Gettelman Brewing Co.Wisconsin Supreme Court · 1907
- Wells v. American Express Co.Wisconsin Supreme Court · 1882
- Steuerwald v. RichterWisconsin Supreme Court · 1914
- Glendale Investment Ass'n v. Harvey Land Co.Wisconsin Supreme Court · 1902
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